Fair Trial - Law Dictionary Search Results
Material facts and material particulars
on his guard as to the case he has to meet and to enable him to prepare for trial in a case where his election is challenged on the ground of any corrupt practice, Roop Lal Sathi … the use of particulars is intended to meet a further and quite separate requirement of pleading imposed in fairness and justice to the returned candidate. Their function is to fill in the picture of the election petitioner's
Justification
(see (English) R.S.C., Order XXXVI., r. 37); but it is otherwise if the plea is only one of fair comment, Digby v. Financial News, Ltd., (1907) 1 KB 502. Consult Odgers on Libel. Means (1) A lawful … omissions (2) A showing, in court, of a sufficient reason why a defendant did what the plaintiff or prosecution charges the defendant to answer for. Also termed justification defense; necessity defense (3) A surety's proof of having
Breach of trust
(English) Judicial Trustees Act, 1896, empowers the Court, if a trustee has acted honestly and reasonably and ought fairly to be excused, to discharge him from liability. Further, the Trustee Act, 1888, s. 8, allows a trustee … (English) Larceny Act, 1916, s. 21. As a misdemeanour, with penal servitude not exceeding seven years; but no prosecution can be commenced without the sanction of the Attorney-General, or, if civil proceedings have been started by the
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jury
12 members. According to federal law, federal grand and petit juries must be “selected at random from a fair cross-section of the community in the district or division wherein the court convenes.” State jury selection varies and … "Oliver Wendell Holmes, Jr."] see also advisory jury, array, grand jury, inquest, jury nullification, petit jury, special jury, trial jury, venire Amendment VI to the Constitution in the back matter NOTE: The jury of American and English
Libel
1908 AC 390. The (English) Libel Law Amendment Act,1888 (51 & 52 Vict. c. 64), gives 'privilege' to fair and accurate newspaper reports of proceedings of a Court, or public meeting, Standen v. South Essex Recorders Ltd., … the form of the complaint or ground of the charge, on which either a civil action or criminal prosecution takes place, Bell's Scots Law Dict
hearing
his or her discharge has been granted or is told the reasons why it has not been granted fair hearing : a hearing that is conducted impartially and in accordance with due process and for which the … presented on the matter at issue to be decided by a person or body having decision-making authority compare trial NOTE: The purpose of a hearing is to provide the opportunity for each side of a dispute, and
Malice
see Clark v. Mloyneux, (1877) 3 QBD 246. Similarly, proof of actual malice will defeat the defence of fair comment. See Odgers on Libel. An act lawful in itself is not converted by malice into an actionable … Emperor, AIR 1930 Lah 266. Malice has been said to mean any wrong or indirect motive but a prosecution is not malicious merely because it is inspired by anger. However, wrongheaded a prosecutor may be, if he
Magna Carta
REASONABLE PARTS. Debts owing the Crown take precedence of all other debts, and this appears to be perfectly fair, for it is only by the certain payment of taxes that the government of a country can be … law that the twelve jurors be unanimous in their verdict, the reason for which would appear on criminal trials to be out of compassion to the prisoner, by giving him the benefit of every doubt, in accordance
County Courts
a year, and actions iin which the title to any corporeal or incorporeal hereditaents, or to any toll, fair, market, or franchise shall come in question' (ss. 40, 48). Also all actions by creditors or legtees for … Jury.--The judge is the sole judge of all questions of fact and law (s. 87). In certain cases trial with a jury may be prescribed on application to the Court (s. 91). Appeals now lie to the
Discovery
which, being well pleaded in the bill, are material to the plaintiff's case about to come on for trial, and which the defendant does not by his pleading admit. (2) The right of a plaintiff in equity … the judge will not order discovery if he is of opinion it is not necessary either for disposing fairly of the cause or matter or for saving costs. In commercial causes (see COMMERCIAL Court) it is the
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